An upcoming law that hurts everyone!

[Paula D.]

It is a well meaning, but poorly written piece of legislation. (Is there ANY OTHER KIND???) I say "Fear not!" For the inspectors have a backlog of prosecuting those who tore the labels off their mattresses. :shock:

[Paula D.]

Thanks everyone for your posts and writing to legislators. This is going to be so far reaching, I'm sure that Congress didn't even take the time to consider every consequence, including the fact that charities like Project Linus and others will be completely demolished. If they truly were concerned, if seems that all materials should be tested before going to market, as we will all still be creating items for the children in our own lives. You might as well ban children from riding in cars, eating ice cream, or a hundred other things!
Pass the word!

Sharon

[Paula D.]

I have read tyhis post with greate interest...over here in Norway...the importers have to provide a third party excamination on the content of their subject....what ever that is. So I can sew and do anything I want without worry of hurtying someone! We have laws about contents in a lot of subjects.....but the goverment is providing the excamination or they are thelling the importers to have a third party excamination regarding thire objects

[Paula D.]

Let me try to answer some questions with the law as I understand it:

Donations quilts...for children under 12...as the law is written these will have to be tested. Simply put: if I make two quilts: one to sell and one to donate...made from the same materials...both will have to be tested. There is NO exemption. And honestly, why should there be in the 'big picture'. Would a donated quilt be safer than a 'for sale quilt'. It is not just quilts...it is also those baby hats that are knitted and given to newborns. The yarn has to be tested. You do not have to test items for those who are 13 and up. So quilts for veterens, senior centers and such would be fine.
This is going to be a struggle for Congress and CPSA to deal with...agencies like Project Linus are waiting for an answer.
But in reality...the seller is penalized because she has to test her quilt and the donation quilt gets a pass.

Third Party testing: at this time even with a testing certificate in hand from a vendor...once something is made with that component...it must be tested once again. Most of our zippers, snaps, pulls, hooks...and assorted other things come from China. So the item after it is made must be tested again.
NOW what does this mean for products assembled in China...that should be interesting. Are they tested once again here? I do not have the answer to that one. However, this law is designed to stop what happend a couple of years ago with the lead based paint on toys from China. So I would hope that even before it reaches our shores the item would have been tested by inspectors before it leaves the China port. We will see...

The idea that it puts small companies and cottage industries out of business in this county...makes the market for Chinese imports to take their place. So you will probably find even more products made in China on the shelves and costing more because of testing.

There has been only one exemption...and that has been at the resale level (January 8th). So places like Goodwill, Salvation Army, e-bay, resale shops...can sell childrens items. HOWEVER, if they are found to have items on the recall list...they will have to pay the fine. So basically if you unsure of the items you should get it tested.
Since then there have been several letters sent by various officials...to other agencies and to each other...but nothing has happened.

Another thing...this law also affects Boy and Girl Scouts...badges, uniforms, and handbooks. Libraries...now you cannot resell a children's book at a library sale but you can still loan it? Crazy...isn't it.

FW

[Paula D.]

I believe that when Mr. Tucker made his automobile he predicted something like this. What exactly am I talking about. The United States was going to make things so hard for the little business man to get a head let alone become a big business man. (granted I am not using exact quotes here) that all of our businesses and jobs would end up in China and we as a country would be in a bind so to speak. Well who do we recieve most of our imports from? And where have most of our jobs gone? Next how is our automobile business doing? Yea you don't hear Toyota asking for a bail out. I know that Japan.

[Paula D.]

Project Linus has posted updated info about this law:


This is from their website:

Additional Information on CPSIA
As presently written the Consumer Product Safety Improvement Act (CPSIA) may affect charitable organizations such as ours. In response to this act we recently mailed an informational letter to friends of Project Linus. In that letter we also included a sample letter that can be used to contact state representatives, the Consumer Product Safety Commission (CPSC), and/or Energy and Commerce Committee members who oversee this commission.

Please review our informational letter below. In addition, we strongly urge you to contact your state representative, the CPSC, and/or Energy and Commerce Committee members. You may use our sample letter or draft your own.

http://www.projectlinus.org/cpsia.html#IL[/b]

[Paula D.]

Thanks so much for the additional information. I've already contacted my Senate and Congressional representatives, but I'll send along a copy of Project Linus' letter to the committee.

[Paula D.]

Honestly, I am not sure this letter will fly. Project Linus is saying they are a consumer. True they are...but those who make the quilts are considered 'the manufacturers' by the way the CPSIA is written. So the responsibility lands at the feet of the maker of the quilt.
I am not sure this solves the issue.

Again...the argument is which quilt is safer? One made to sell or one donated. Trust me on this...CPSIA and our elected officials have been asked this question. Each time...no one gets a pass. The vendor had to provide certificates as well as the 'manufacturer'.

What should happen is asking for a delay in this law until all the parties can examine the effects of this law. The effects of small business and charities. The other big problem is the limited number of testing places to have goods tested. There is a current backlog...and this is even before the law goes in effect.
Henry Waxman can pull that trigger...he is the one that needs to ask for relief.

So I suggested pressuring Henry Waxman's office...and don't send a form letter. The legislative offices are simply sending out canned responses and are just filing them. They don't get read. Don't put in subject line HR 4040...they simply don't read them now.
If you put 'concerns of up coming law'...or simply Charities in the subject line...it may have some legs.
While e-mail is a common way to go...snail mail has more of a punch. Simply because you have taken the time to actually write something, put a stamp on it...and send it.

In a nut shell, we all want safe products for children. But it is the process of getting those to the shelf. In a perfect world, all danagerous things would be stopped at the port of entry...or departure. But the reality is...it doesn't happen. We don't manufacture our goods here...that is the major problem. In the US, we have had controls on chemicals used in the production of products. The costs of doing business in the US has risen...labor, health care, and simply the cost of retooling to make safer products. Companies have chosen to leave and move their manufacturing overseas where those costs are less and the intrusion of government on business.

FW

[Paula D.]

I agree with everything you are saying, but I also just faxed a revised copy of the Project linus letter to my congressman. Even if all the letters are the same I think someone will sit up and take notice if we jam their fax machines!!

I'm still trying to find the definition of manufacturer for this law. If I make a quilt for my 4 year old grandson am I considered a manufacturer of that quilt and do I then need to have it tested?

Or the quilt I make for my best friend's baby shower?

Or the small quilts my church guild gives to babies when they are baptized?

Or the quilt someone makes for their own child's bed if that child is under 12?

[Paula D.]

In the CPSIA law...a manufacturer is someone who creates and distributes one item or hundreds. Whether you own one sewing machine or hundreds...what ever is produced for a child under 12 sold and donated needs a certificate. This is why small cottage industries will be put out of business. They simply cannot afford the cost of testing.
If you were to make a dress for a child and sell it on Esty or E-bay...the components of that dress...the fabric, snaps, zippers, ribbons, lace...everything has to be tested.
You realize that some manufacturers are deciding to put labels on their goods as 'not for use for children under 12'. So this excludes them from having their ribbon from being tested. So if you put that ribbon on a dress for a child..you must have that ribbon tested. The ribbon manufacturer would not have a certificate of safety. Even if they did test the ribbon before you purchased it...you may still have to provide your own.
Honestly, I doubt that anyone will come to your door because gave a gift to your child or friend. However, if they in turn would sell the item...then you have trouble.
The law is complex and even large manufacturers are having a hard time with the interpretation of it.
Trust me on this one....those faxes...go in the round file...they will just be a tic on a sheet and never read. You may get a generated...e-mail in return. The thing is...these are not your words they are someone elses. The staff understands this type of letter.
Feb 10 is looming close...and unfortunately I don't see any movement to delay this law.
Remember Henry Waxman sponsored this bill...he by far has the most power...it is HIS office you should be contacting.

FW

[Paula D.]

I just checked Henry Waxman's website, which states that he has "concerns about implementation" of the CPSIA, and is urging Consumer Products to consider 4 areas of concern. I hope this will be good news! This was dated Jan. 16....also, it appears that one can't email him unless you live in his district.

Sharon

[Paula D.]

This is a watered down letter which was written by him is poor and too late...
Forbes once again...nails it: http://www.forbes.com/2009/01/22/cps...0122olson.html

It does nothing. Sorry...but it does nothing. The Special Interest groups who are behind this law...are very powerful. This letter was done after some pressure to those who want to revamp or delay the law. It appears he wrote it to apease this group.
We have gotten nothing but the run around from our Representatives and the CPSA. No one want to answer questions...and no one want to be responsible.

FW

[Paula D.]

I have a feeling you are right about taking responsibility. From what I have read, Consumer Products claims that congress has left them no way to change the law, yet congress blames Consumer Products!
How can congress claim to want to save American jobs and still enforce this law???

Sharon

[Susan D.]

I was just on the Project Linus website. They reported that the CPSC granted a one year stay of testing and certification for certain products. See the press release.

http://cpsc.gov/cpscpub/prerel/prhtml09/09115.html

susan

[Susan D.]

Yes, this is great news! However, the law has not gone away- only put on hold for one year while I guess they will discuss what to do. Finally some common sense in Washington! Thanks again to you all for the calls and letters- it surely helped!

Sharon